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Procurement Data

Requested on
Mon 9th June, 2014
Reference
FOI 4514
Resolution
Information provided

Question

Ref: Contractor Framework For The Capital Expenditure Programme 2014-19
Request for Information under the Freedom of Information Act 2000 ("the Act")
We refer to the above procurement exercise carried out by Charnwood Borough Council.
We wish to request under the Act the following information:
1.Copies of the pre-qualification questionnaires submitted by those short listed to tender.
2.The scores attributed to the above firm's pre-qualification questionnaire.
3.Copies of the qualitative submission elements of the tenders submitted by those shortlisted to tender.

Answer

Following the above information request, we have, as required by the Freedom of Information Act (the Act), undertaken an assessment to ascertain if any of the exemptions provided by the Act apply to the information that you have requested. 

We have concluded that the information you have requested in parts one and three of your request is exempt from disclosure under Section 43(2) of the Act and we will not, therefore, be able to supply it.  Section 43(2) of the Act covers information which would, or would be likely to, prejudice the commercial interests of any person (including the Council) if it was to disclose it. Disclosing information at this level of detail is likely to reveal details of the commercial way in which the companies tendering for this contract operate and provide services in a competitive environment.
As Section 43(2) is a qualified exemption, we are also required to decide, on a case by case basis, whether the public interest in maintaining this exemption outweighs the public interest in its disclosure.  The Information Commissioner has suggested that the factors that would weigh in favour of disclosure would include:
• Furthering the understanding and participation in the public debate of issues of the day.
• Promoting accountability and transparency by public authorities for decisions taken by them.
• Promoting accountability and transparency in the spending of public money.
• Allowing individuals, companies and other bodies to understand decisions made by public authorities affecting their lives.
• Bringing to light information affecting public health and safety.

Given the nature of the exemption in this case, i.e. that the exempted information would reveal details of the commercial way in which Foremost Security operates and provides services in a competitive environment, it is our opinion that although factors 2 and 3 weigh in favour of the public interest in disclosing the information, they do not outweigh that in maintaining the exemption. It cannot be in the public interest to disclose information if that would prejudice a third party’s ability to perform its role and participate competitively in commercial activity, nor where the information could impact upon a future tendering process. It is our conclusion that it would not, therefore, be in the public interest to disclose this information.  For these reasons we are not able to supply the information requested.

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